Minnesota Estate Planning Resources
In-depth guides covering Minnesota probate laws, trust requirements, and estate planning strategies.
In-depth guides covering Minnesota probate laws, trust requirements, and estate planning strategies.
Prepare the Minnesota small estate affidavit for estates up to $75,000, plus presentation letters for each holder. Minn. Stat. §§ 524.3-1201, 524.3-1202.
Step 1 of 5
The Minnesota affidavit identifies the claiming successor and the basis of entitlement.
The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.
The successor signing the affidavit.
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Minnesota publishes PRO202 Affidavit for Collection of Personal Property (print form); the affidavit this tool prepares is drafted to the same statutory requirements, per Minn. Stat. § 524.3-1201(a)(1)-(5).
$75,000, per Minn. Stat. §§ 524.3-1201, 524.3-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.
30 days after the death (Minn. Stat. §§ 524.3-1201, 524.3-1202). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.
A person claiming to be the successor of the decedent — the affidavit is 'made by or on behalf of the successor' — 30 days after death (or, for safe deposit box contents, 30 days after the box inventory is filed under Minn. Stat. § 55.10(h)). A state or county agency with a claim authorized by Minn. Stat. § 256B.15 (Medicaid estate recovery) may also present the affidavit. Minn. Stat. § 524.3-1201(a).
The person indebted to the decedent, the person having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action, or the safe deposit company controlling access to the decedent's safe deposit box — presented with a certified death record of the decedent. A transfer agent must change registered ownership of securities, and the motor vehicle registrar must issue a new certificate of title, on presentation of the affidavit.
The Minnesota affidavit is signed before a notary (Minn. Stat. § 524.3-1201(a) (affidavit); MN Judicial Branch form PRO202 (notary jurat)).
A person paying, delivering, transferring, or issuing property pursuant to a conforming affidavit is discharged and released as if dealing with a personal representative, with no duty to inquire into the truth of any statement (a safe deposit deliverer may rely solely on the affidavit's value representation); refusal may be compelled in a proceeding by or on behalf of the persons entitled. The recipient is answerable and accountable to a personal representative or another person with a superior right (Minn. Stat. § 524.3-1202).
The affidavit collects personal property only (indebtedness, tangible personal property, instruments, safe deposit box contents); the Judicial Branch titles its form "Small Estate - No Real Estate." The $75,000 cap measures the value of the entire probate estate, wherever located, less liens and encumbrances. No affidavit procedure exists for Minnesota real property. Minn. Stat. § 524.3-1201(a).
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